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• Insanity-First Bifurcated Trials Unfair, Court Rules in Overturning Precedent
• Lawyer Indicted in Extortion Plot Tied to Fake IRS Probe
• Challenge to Bergen County Hospital's Privatization Is Ruled Time-Barred
• ABA Panel Suggests Attorney Discipline Be Wrested From District Committees
• Circuit Says 'No Harm, No Standing' To Doctors' Challenge to ObamaCare
• Superior Court Backlogs Swell, in Part Fueled by Steady Rise in Mass Torts
• U.S. Suit Claims Burlington Coat Denies Overtime, Other Pay to Asst. Managers
• State Appeals Court Allows Challenge To Consumer-Sale Arbitration Clauses
• Suits Over Heart, Skin-Graft Products Are Assigned for Centralized Handling
• N.J. Municipalities Have No Standing To Sue Online Booking Sites for Taxes
• Insurance Coverage for Junk Faxes Is Question for Jury, Appeals Court Says
• Perskie Censured for Bench Conflict But Cleared of Lying to Senate Panel
• Throat-Slashed Victim's Declaration to Police Is Admissible as Nontestimonial
• Condo Complexes Not Liable for Failure To Plow Public Sidewalks, Court Says
• Bankruptcy Court Launches Forum To Avoid Foreclosures
• No Personal-Use Defense To Growing Marijuana, N.J. Appeals Court Holds
• Hedonic Damages Claim on Behalf of Comatose Inmate Can Go Forward
• Christie Is Sued for Info About Summit With Ailes Discussing Presidential Run
• B2B Consumer Fraud Act Award Is Overturned Due to Errors Below
• Appeals Court Gives a Lesson on Need To Put Fee-Sharing Deals in Writing
• Ch. 7 Trustee Sues Debtor's Lawyer, Alleging He Botched State Court Suit
• Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company
• Lesniak Takes on U.S. Senators in Effort To Bring Web Gambling to N.J.
• Report Says Securities Class Actions Dip Due to Fewer Credit-Related Suits
• Domestic Violence Restraining Order Reversed Due to Due Process Errors
• Justices To Decide Whether Wife Can Be Mother to Spouse's Surrogate Child

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Insanity-First Bifurcated Trials Unfair, Court Rules in Overturning Precedent	Top
A state appeals court abandons the longstanding rule that an insanity defense in a criminal case requires a separate trial before substantive defenses can be raised.
Lawyer Indicted in Extortion Plot Tied to Fake IRS Probe	Top
A Metuchen lawyer stands accused of trying to bilk four real estate investors out of thousands of dollars in legal fees by fabricating a story about a criminal investigation against them.
Challenge to Bergen County Hospital's Privatization Is Ruled Time-Barred	Top
A citizen watchdog coalition was too late in suing Bergen County over an agreement allowing a private firm to run a public hospital — even though it had ample opportunity to file earlier, the Appellate Division said on Wednesday.
ABA Panel Suggests Attorney Discipline Be Wrested From District Committees	Top
An American Bar Association panel is recommending an overhaul of New Jersey's attorney disciplinary system, suggesting first and foremost that the functions now handled by the district ethics committees be assumed by the Office of Attorney Ethics.
Circuit Says 'No Harm, No Standing' To Doctors' Challenge to ObamaCare	Top
A federal appeals court finds that that doctors challenging President Obama's health care plan have suffered no injury, and so lack standing to sue.
Superior Court Backlogs Swell, in Part Fueled by Steady Rise in Mass Torts	Top
State trial case backlogs increased in court year 2011, continuing a five-year upward swing despite a corresponding drop in new filings.
U.S. Suit Claims Burlington Coat Denies Overtime, Other Pay to Asst. Managers	Top
Burlington Coat Factory assistant store managers allege in a federal lawsuit that the company misclassifies them as exempt from overtime and fails to pay them in compliance with the Fair Labor Standards Act.
State Appeals Court Allows Challenge To Consumer-Sale Arbitration Clauses	Top
Despite a recent U.S. Supreme Court decision, binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge — if they are poorly worded and contain contradictory language, a state appeals court holds.
Suits Over Heart, Skin-Graft Products Are Assigned for Centralized Handling	Top
The state Supreme Court has designated suits over Plavix, an anti-clotting medication intended to prevent heart attacks and strokes, and AlloDerm, a surgical mesh used in skin grafts, for centralized case management.
N.J. Municipalities Have No Standing To Sue Online Booking Sites for Taxes	Top
A group of online hotel booking sites — including Priceline, Travelocity and Orbitz — scores a victory in a dispute over collecting local taxes in New Jersey.
Insurance Coverage for Junk Faxes Is Question for Jury, Appeals Court Says	Top
An insurance company seeking to disclaim coverage for its insured's alleged junk-faxing may have to prove its case before a jury, thanks to a state appeals court ruling that offers guidance on interpretation of advertising-exclusion clauses in general liability policies.
Perskie Censured for Bench Conflict But Cleared of Lying to Senate Panel	Top
The state Supreme Court censures retired Judge Steven Perskie for not disqualifying himself from a case involving a party with whom he had a business relationship, but finds no evidence he misled a state Senate committee about it.
Throat-Slashed Victim's Declaration to Police Is Admissible as Nontestimonial	Top
A seriously wounded robbery victim's initial utterance to responding police is properly admissible at trial, a state appeals court holds.
Condo Complexes Not Liable for Failure To Plow Public Sidewalks, Court Says	Top
Sidewalks in front of condominium buildings on city streets look just like those in front of businesses, but there's no corresponding obligation to keep them clear of snow, a divided state Supreme Court rules.
Bankruptcy Court Launches Forum To Avoid Foreclosures	Top
A new program debuting Monday in New Jersey's U.S. bankruptcy Court is aimed at helping debtors and mortgage lenders find common ground to avert foreclosure.
No Personal-Use Defense To Growing Marijuana, N.J. Appeals Court Holds	Top
A New Jersey appeals court finds there is no personal-use defense to a charge of illegal growing of marijuana, not even for medical use.
Hedonic Damages Claim on Behalf of Comatose Inmate Can Go Forward	Top
The estate of a suicidal inmate who was wrongly moved into the general population where he hanged himself, went into a coma and soon thereafter died may pursue damages for his loss of enjoyment of life, a federal judge rules.
Christie Is Sued for Info About Summit With Ailes Discussing Presidential Run	Top
Gossip website Gawker, with the aid of the ACLU-NJ, is suing Gov. Chris Christie over his refusal to make public alleged communications with Fox News Channel president Roger Ailes over a possible run for the presidency in 2012.
B2B Consumer Fraud Act Award Is Overturned Due to Errors Below	Top
The state Supreme Court on Monday struck down a Consumer Fraud Act award to a commercial entity, though stopping short of saying the act can never apply in the context of business-to-business transactions.
Appeals Court Gives a Lesson on Need To Put Fee-Sharing Deals in Writing	Top
Rule of Professional Conduct 1.5 'does not contemplate an avoidance of its requirements by happenstance at the end of the services performed,' the Appellate Division rules.
Ch. 7 Trustee Sues Debtor's Lawyer, Alleging He Botched State Court Suit	Top
A Somerville lawyer is fighting a malpractice suit claiming he failed to inform a client that an employment-bias case had been thrown out 10 years earlier and, after the client filed for bankruptcy, blocked a Chapter 7 trustee's efforts to find out the status of the case.
Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company	Top
The former in-house counsel for a scandal-ridden investment company who made phony deductions on his income taxes and made false statements to federal investigators has been suspended from practice for two years.
Lesniak Takes on U.S. Senators in Effort To Bring Web Gambling to N.J.	Top
State Sen. Raymond Lesniak, whose intrastate online gambling bill was vetoed, says he will take another crack at the legislation — and federal authorities should not get in the way.
Report Says Securities Class Actions Dip Due to Fewer Credit-Related Suits	Top
Fewer federal securities class actions were filed in the first half of 2011 than in the previous six months, largely due to a decline in suits related to the credit crisis, according to a new report.
Domestic Violence Restraining Order Reversed Due to Due Process Errors	Top
Judges hearing domestic violence cases should exercise caution when admitting evidence of prior acts that are not in the original complaint, lest they risk violating due process, the state Supreme Court rules.
Justices To Decide Whether Wife Can Be Mother to Spouse's Surrogate Child	Top
The state Supreme Court has agreed to review the denial of a woman's request to be recognized as the mother of her husband's biological child, born by way of a surrogate mother, without recourse to adoption.

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